06/20/2012 Regular 2012/123
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
Regular Meeting
Board of County Commissioners
Wednesday, June 20, 2012
Marathon, Florida
A Regular Meeting of the Monroe County Board of County Commissioners
convened at 9:00 A.M., at the Marathon Government Center. Present and answering to roll call
were Commissioner Heather Carruthers, Commissioner Sylvia Murphy, Commissioner George
Neugent, Commissioner Kim Wigington and Mayor David P. Rice. Also present at the meeting
were Roman Gastesi, County Administrator; Debbie Frederick, Assistant County Administrator;
Suzanne Hutton, County Attorney; Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk;
County Staff, members of the press and radio; and the general public.
ADDITIONS, CORRECTIONS, DELETIONS
Item A Motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers granting approval of Additions, Corrections and Deletions to the Agenda. Motion
carried unanimously.
PRESENTATION OF AWARDS
Item B1 Presentation of Years of Service Award for 10 years of service to Monroe County
to Paul Wunderlich, Lead Mechanic, Fleet Management, Public Works /Engineering Division.
Item B2 Presentation of Mayor's Proclamation declaring the month of July, 2012 as "Great
Seal Awareness Month" in recognition of the 225th anniversary of the Great Seal of the United
State of America.
Item B3 Presentation of Mayor's Proclamation recognizing the month of June, 2012 as
"Forty years of Title IX" month.
BULK APPROVALS
Motion was made by Commissioner Neugent and seconded by Commissioner
Murphy granting approval of the following items by unanimous consent:
Item Cl Board granted approval and authorized execution of a Wastewater Treatment
Plant Maintenance Agreement with Conch Wastewater, Inc., for the Florida Keys Marathon
Airport.
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Item C2 Board granted approval to accept bid proposal from Goodman -Gable Gould
Adjusters International to provide Public Adjusting Claim Services. (Said item also included the
Agreement for execution.)
Item C3 Board granted approval and authorized execution of a three year contract renewal
with Employers Mutual, Inc. to provide Third Party Claims Administration for the Monroe
County's Workers' Compensation Program.
Item C4 Board granted approval and authorized execution of Lease Agreement No.
DTFAEN -12 -L -00072 with the U.S. Department of Transportation Federal Aviation
Administration for Air Traffic Control Tower storage at the Key West International Airport
(replacing Lease No. DTFA06 -03 -L- 05229).
Item C5 Board granted approval of lease renewal agreement for retail rental space with
Keren Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC, at the Key West International
Airport.
Item C6 Board ratified the previously approved Design Services Agreement with
MBI /K2M for Customs Terminal Security Enhancements - Key West International Airport,
Phase 2 and 3.
Item C7 Board granted approval and authorized execution of a Standard Memorandum of
Agreement for Limited County Access to Florida System Data between the Florida Department
of Children and Families (the Department) and Monroe County Board of County Commissioners.
This required MOU is part of the Agency for Health Care Administration (AHCA) plan for
successful implementation of the provisions in House Bill 5301, which references County
Medicaid Billing.
Item C8 Board granted approval and authorized execution of the Alzheimer's Disease
Initiative (ADI) Contract KZ -1297 between the Alliance for Aging, Inc. (Area Agency on Aging)
and the Monroe County Board of County Commissioners (Social Services/In -Home Services) for
fiscal year 7/1/12 to 6/30/13.
Item C9 Board granted approval and authorized execution of the Community Care for
Disabled Adults (CCDA) Contract #KG -069 (7/1/12 - 6/30/14) between the Florida Department
of Children & Families and the Monroe County Board of County Commissioners (Social
Services/In -Home Services).
Item C10 Board granted approval and authorized execution of the Community Care for the
Elderly (CCE) Contract KC -1271 between the Alliance for Aging, Inc. (Area Agency on Aging)
and the Monroe County Board of Commissioners (Social Services/In -Home Services) for fiscal
year 7/1/12 to 6/30/13.
Item C11 Board granted approval and authorized execution of the Home Care for the
Elderly (HCE) Contract KH -1272 between the Alliance for Aging, Inc. (Area Agency on Aging)
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and the Monroe County Board of County Commissioners (Social Services /In -Home Services) for
fiscal year 7/1/12 to 6/30/13.
Item C12 Board granted approval and authorized execution to extend existing contract with
Hospice of the Florida Keys, Inc. d/b /a Visiting Nurse Association to provide direct care services
(Chore, Homemaking, Personal Care and Respite).
Item C14 Board adopted the following various resolutions for the transfer of funds and
resolutions for the receipt of unanticipated revenue:
Receipt of Unanticipated Funds (OMB Schedule Item No. 1).
RESOLUTION NO. 151 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 2).
RESOLUTION NO. 152 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 3).
RESOLUTION NO. 153 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 4).
RESOLUTION NO. 154 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 5).
RESOLUTION NO. 155 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 6).
RESOLUTION NO. 156 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 7).
RESOLUTION NO. 157 - 2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 8).
RESOLUTION NO. 158 - 2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 9).
RESOLUTION NO. 159 - 2012
Said Resolution is incorporated herein by reference.
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Receipt of Unanticipated Funds (OMB Schedule Item No. 10).
RESOLUTION NO. 160 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 11).
RESOLUTION NO. 161 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 12).
RESOLUTION NO. 162 -2012
Said Resolution is incorporated herein by reference.
Transfer of Funds (OMB Schedule Item No. 13).
RESOLUTION NO. 163 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 14).
RESOLUTION NO. 164 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 15).
RESOLUTION NO. 165 -2012
Said Resolution is incorporated herein by reference.
Receipt of Unanticipated Funds (OMB Schedule Item No. 16).
RESOLUTION NO. 166 -2012
Said Resolution is incorporated herein by reference.
Item C15 Board granted approval and authorized execution of the Edward Byrne Memorial
Justice Assistance funding distribution letter with the Florida Department of Law Enforcement
for fiscal year 2012 -2013 (October 1, 2012 through September 30, 2013), whereby Monroe
County agrees to the distribution of $82,496 in program funds in the County.
Item C16 Board adopted the following Resolution authorizing the submission of grant
application to the Florida Department of Law Enforcement (FDLE) for the Edward Byrne
Memorial FY 2012 -13 Justice Assistance Grant (JAG) and approval of allocation of the Clerk's
Drug Abuse Trust Fund (DATF) amount, based upon the recommendations of the Substance
Abuse Policy Advisory Board, and authorization for the County Administrator to execute the
applications.
RESOLUTION NO. 167 -2012
Said Resolution is incorporated herein by reference.
Item C17 Board granted approval and authorized execution of Modification #1 to reinstate
and extend expiration date of the FY 09 State Homeland Security Grant Program Agreement
(SHSGP) 11DS- 29- 11 -54 -01 -091 to July 31, 2012, with no county match required; and
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authorization for the County Administrator to execute any other required documentation in
relation to the agreement.
Item C18 Board granted approval and authorized execution of an Agreement between the
Florida Power & Light Company (FPL) and the Monroe County Board of County Commissioners
(BOCC) in the amount of $250,000.00, fully grant funded and no county match, concerning
Radiological Preparedness for Fiscal Year 2012 and Fiscal Year 2013; and authorization for the
County Administrator to execute any other required documentation in relation to the agreement.
Item C19 Board granted approval and authorized execution of an Agreement with the State
of Florida, Division of Emergency Management concerning an Emergency Management Base
Grant (Contract # 13 -BG -06 - 11 -54 -01 -044) in the amount of $105,806, fully grant funded and
no county match; and authorization for the County Administrator to execute any other required
documentation in relation to the application process.
Item C20 Board granted approval and authorized execution of an Emergency Management
Performance Grant FY12 Federally Funded Subgrant Agreement 13 -FG- - 11 -54 -01 -111 in the
amount of $65,152.00, fully grant funded and no county match, and authorization for the County
Administrator to execute any other required documentation in relation to the application process.
Item C22 Board granted approval and authorized execution of an Agreement and the
issuance of a Purchase Order to Icon Enterprises, Inc., d/b /a Civic Plus in the amount of $37,500;
to build an Emergency Management Website which is an advanced subsite for the Parent Site —
Monroe County. This project is being funded by an Urban Area Security Initiative FY 09 grant.
No County match Required.
Item C23 Board granted approval to issue a Purchase Order to Ten -8 Fire Equipment, Inc.,
the only authorized Fire Service Distributor of MSA SCBA to the Municipal Fire Department
Market for Monroe County, in the amount of $70,381.10, with no County match required, to
purchase Thermal Imaging Cameras and Altair Gas Detectors, and approval for the Fire Chief to
sign the necessary documentation to complete the purchase transaction.
Item C24 Board granted approval to award Public Works surplus items as described in
attached Recap of Big Opening on May 10, 2012 (Items 1, 2, 3, 5, 6, 9, 10, 12, 13, 16, 17, 18, 19,
20, 23, 24, 25 & 36).
Item C25 Board adopted the following Resolution to submit the Consolidated Small County
Solid Waste Management Grant Application to the Florida Department of Environmental
Protection (FDEP).
RESOLUTION NO. 168 - 2012
Said Resolution is incorporated herein by reference.
Item C26 Board granted approval and authorized execution of a month -to -month Lease
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Agreement with F. James Chaplin d/b /a Island Marina, Inc. for office space in Marathon for the
State Attorney and Public Defender.
Item C27 Board granted approval to donate a Harry S. Truman Overseas Highway sign to
the Truman Little White House in Key West for historic preservation.
Item C32 Board granted approval and authorized execution of a contract for Hurricane
Debris and Disaster Response and Recovery Services with DRC Emergency Services LLC, who
was the highest ranked respondent to the Request for Proposals (RFP).
Item C33 Board granted approval and authorized execution of a Memorandum of
Understanding (MOU) with Friends of Old Seven, Inc., a Florida non- profit, to reimburse $5,000
in costs associated with the project with Florida International University College of Architecture
and the Arts to design proposals for the Old Seven Mile Bridge and surrounding areas.
Item C34 Board granted approval and authorized execution of Amendment #1 to the
Agreement with Mailloux and Sons for the Lower Keys ADA Compliance Segment #2 project.
Item C35 Board granted approval to advertise an RFQ for Professional Services for a Space
Planning/Facilities Assessment Report, to assess areas for consolidation to improve the
efficiency of the County.
Item C36 Board granted approval of the receipt of monthly report on Change Orders
reviewed by the County Administrator's Office.
Item C37 Board ratified of Task Order No. 12 -14 -01 with Jacobs Project Management Co.
for DBE support services for the DBE Implementation Plan at the Key West International Airport
and the Florida Keys Marathon Airport.
Item C38 Board granted approval and authorized execution of Modification #006 to the
Weatherization Assistance Program, American Recovery and Reinvestment Act sub -grant
Agreement (ARRA WAP), Contract # 10WX- 7X- 11 -54 -01 -719 between Monroe County Board
of County Commissioners (Community Services /Social Services) and the State of Florida,
Department of Economic Opportunity.
Item C39 Board granted approval and authorized execution of Modification #002 to
Weatherization Assistance -Low Income Home Energy Assistance Program, Sub -grant
Agreement (WAP- LIHEAP), Contract #12LH- 9Z- 11 -54 -01 -039 between Monroe County Board
of County Commissioners (Community Services /Social Services) and the State of Florida,
Department of Economic Opportunity.
TOURIST DEVELOPMENT COUNCIL
Item D1 Board granted approval and authorized execution of an Amendment to the
Agreement with Florida Keys Community Concert Band, Inc. for Pops in The Park, to revise
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Exhibit C — Schedule of Events to allow for the postponed April concert to be held in May, 2012.
Item D2 Board granted approval and authorized execution of an Amendment to the
Agreement with Key West Botanical Garden Society, Inc. to revise Exhibit C covering the Key
West Tropical Forest & Botanical Garden Cultural events between October, 2011 and June,
2012.
GROWTH MANAGEMENT
Item H1 Board granted approval of a revision to the Marine and Port Advisory Committee
(MPAC) Administrative Procedures and By -Laws (Bylaws), providing for a committee member
attendance policy and providing for a staff person as the parliamentarian.
Item H2 Board adopted the following Resolution setting July 18, 2012 at 3:00 PM at the
Harvey Government Center, 1200 Truman Avenue, Key West for a public hearing for a proposed
abandonment of a portion of MacDonald Avenue, which is part of Maloney's Subdivision, lying
South of Lots 11, 12, 13, 14, & 15, Block 31 and North of Lots 8, 9, &10, Block 35, and
Northerly of Maloney Avenue in "MALONEY'S SUBDIVISION OF STOCK ISLAND ".
RESOLUTION NO. 169 - 2012
Said Resolution is incorporated herein by reference.
Item H3 Board granted approval of a Building Permit Refund fee to Paul Roxenberg,
Permit #121 -1321 issued on 3/20/2012.
Item H4 Board granted approval and authorized execution of the Fifth Amendment to the
agreement for professional services with Keith and Schnars (K &S), P.A., for additional services
concerning the Naval Air Station Environmental Impact Study or other studies or activities
connected with the National Environmental Policy Act documents published by the Navy that
potentially affect the County in relation to state requirements for military installation
compatibility and increasing compensation by $46,000.
Item H5 Board granted approval and authorized execution of the Sixth Amendment to the
agreement for professional services with Keith and Schnars (K &S), P.A., for additional services
concerning identifying any potential deficiencies in the County Comprehensive Plan policies and
land development code relative to State regulations on mining operations, including minimum
permitting requirements for mines and the minimum legal requirements for remediation and
restoration after a mine is officially abandoned and increasing compensation by $7,500.00.
Item H6 Board granted approval to advertise an ordinance establishing Monroe County
Code Section 19 -8, restriction on use of county roads, providing a procedure to limit access to
public roads.
Item H7 Board granted approval and authorized execution of Amendment Number two to
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the Contract between Monroe County and ACS Government Systems, Inc., (Monroe County
Property Appraiser's Software Vendor) to modify the query tool designed to provide data for
ground floor living area (potential downstairs enclosures) increasing the cost by $3,000.
Item H8 Board adopted the following Resolution for the reservation for seven (7)
affordable housing allocations retroactive to June 1, 2011, for property described as Mandalay
PB 1 -194 Key Largo PT Square 3, Real Estate Numbers 00554720.000000 and
00554720.000100 for a project known as Mandalay to be constructed by Habitat for Humanity of
the Upper Keys.
RESOLUTION 170 -2012
Said Resolution is incorporated herein by reference.
COMMISSIONERS' ITEMS
Item K1 Board granted approval of Mayor Rice's appointment of Elizabeth Jolin to the
Library Advisory Board as the District 4 representative to fulfill the term of Brad Trout, which
expires January 1, 2015.
Item K2 Board granted approval of Mayor Rice's reappointment of Raiette Avael to
represent Monroe County on the South Florida Behavioral Health Network Board as the Mayoral
appointment for a second two -year term, to expire on June 20, 2014.
COUNTY CLERK
Item L2 Board granted approval of the Board of County Commissioners minutes from the
April 18, 2012 Regular Meeting (previously distributed).
Item L3 Board granted approval of the following Warrants: (106899 - 106959; 574495 -
575564) General Fund (001), in the amount of $1,871,717.90; Fine & Forfeiture Fund (101),
in the amount of $6,262,054.28; Road and Bridge Fund (102), in the amount of $191,947.12;
TDC District Two Penny (115), in the amount of $380,290.47; TDC Admin. & Promo 2 Cent
(116), in the amount of $968,125.43; TDC District 1,3 Cent (117), in the amount of
$1,657,126.53; TDC District 2,3 Cent (118), in the amount of $51,657.88; TDC District 3,3
Cent (119), in the amount of $255,403.83; TDC District 4,3 Cent (120), in the amount of
$180,318.21; TDC District 5,3 Cent (121), in the amount of $133,377.65; Gov. Fund Type
Grants (125), in the amount of $315.132.92; Impact Fees Roadways (130), in the amount of
$102,460.76; Fire & Amb District 1 L &M Keys (141), in the amount of $181,002.98; Upper
Keys Health Care (144), in the amount of $525.90; Uninc Svc Dist Parks & Rec (147), in the
amount of $58,958.47; Plan, Build, Zoning (148), in the amount of $59,621.46; Municipal
Policing (149), in the amount of $936,542.02; 911 Enhancement Fee (150), in the amount of
$127,843.51; Duck Key Security (152), in the amount of $3,840.00; Boating Improvement
Fund (157), in the amount of $12,720.25; Misc. Special Revenue Fund (158), in the amount of
$90,833.05; Environmental Restoration (160), in the amount of $1,415.67; Court Facilities
Fees -602 (163), in the amount of $6,300.00; Cudjoe- Sugarloaf MSTU, (172), in the amount of
2012/131
$136.00; Duck Key MSTU (176), in the amount of $30.00; Building Fund, (180), in the
amount of $20,368.99; 1 Cent Infra Surtax (304) in the amount of $2,173.06; Infr Sls Srtx
Rev Bds2007 (308), in the amount of $29,140.70; Card Sound Bridge (401), in the amount of
$7,762.32; Marathon Airport (403), in the amount of $19,220.53; Key West Intl. Airport
(404), in the amount of $483,321.27; KW AIP Series 2006 Bonds (405), in the amount of
$127.40; MSD Solid Waste (414), in the amount of $1,186,414.75; Worker's Compensation
(501), in the amount of $30,367.77; Group Insurance Fund (502), in the amount of
$1,460,151.83; Risk Management Fund (503), in the amount of $1,125,082.30; Fleet
Management Fund (504), in the amount of $115,859.32; Fire &EMS LOSAP Trust Fund
(610), in the amount of $2,055.00.
Item L4 Board granted approval of Tourist Development Council Expenditures for the
month of May 2012: Advertising, in the amount of $2,418,742.91; Bricks & Mortar
Projects/Interlocal, in the amount of $342,395.01; Visitor Information Services, in the amount
of $87,357.66; Events, in the amount of $188,647.94; Office Supplies & Oper Costs, in the
amount of $30,068.77; Personal Services, in the amount of $237,549.48;Public Relations, in
the amount of $181,487.06; Sales & Marketing, in the amount of $79,136.49; Telephone &
Utilities, in the amount of $23,610.30; Travel, in the amount of $28,018.38.
Item L5 Board granted approval to remove surplus equipment from inventory via disposal
or advertise fro bid. (Said list is incorporated herein by reference).
Item L6 Board granted approval of the top three recommendations of the Audit Selection
Committee of the firms 1) Cherry, Bekaert & Holland; 2) Marcum Group; and 3) Clifton Larson
& Allen to provide auditing services to Monroe County and the Constitutional Officers and
authorization for the County Attorney and County Clerk to negotiate a contract with the top
ranked firm of Cherry, Bekaert & Holland.
COUNTY ADMINISTRATOR
Item M2 Board granted approval for the running of the 32nd Annual 7 -Mile Bridge Run for
Saturday, April 13, 2013 from 6:45 A.M. to 9:00 A.M.
Item M3 Board granted approval and authorized execution of Grant Agreement
Amendment No. 3 from FL Department of Agriculture and Consumer Services for Grant
#ARS010 [# changed to 17522]. This includes modifications to a previously approved grant to
document actual tasks completed and expenses incurred in lieu of those listed which were
anticipated at the time of the grant application two years ago. This is necessary for accurate grant
reporting, allowable use of unused grant funds, and to allow for reimbursement from the State.
This is at no additional cost to the County.
Item M5 Board granted approval of the 4th Annual Key Largo Bridge Run on Saturday,
November 10, 2012 from 5:15 AM — 10:45 AM.
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Item M6 Board granted approval of a grant application submitted on June 8, 2012 to the
Environmental Protection Agency (EPA) for a Grant to fund Phase II of a county -wide canal
improvements master plan, which includes a 10% in -kind match from the County; and approval
to allow AMEC to prepare and submit the grant application on behalf of the County and approval
to use AMEC as the Contractor under our continuing services contract to perform the work if the
County is awarded the funds under the grant.
COUNTY ATTORNEY
Item N3 Board granted approval of consultant and expert services of architect Gary W.
Siebein of the firm of Siebein Associates, Inc., for expert consultation and testimony in the
Gonzalez portion of the case regarding the acoustics in the courthouse.
Item N4 Board granted approval to advertise a public hearing for an ordinance amending
Section 21 -72 to amend definitions relating to specialty haulers, amending 21 -46 to revise
requirements and regulations relating to specialty haulers and creating Sec. 21 -77 to provide
penalties for violations of the ordinance.
Item N5 Board granted approval to advertise a public hearing for an ordinance amending
Section 18 -26 of the Monroe County Code establishing the Higgs Beach Children's park and
requiring adults to be accompanied by a minor child in order to enter and remain at the
Children's park.
Item N7 Board granted approval and authorized execution of the Eleventh Amended
Settlement Agreement in Case No. CAK 01 -108, Richard M Osborne, Trustee & Conch
Contrada, L.C. v. Monroe County, et al.
Item N8 Board granted approval and authorized execution of a Property Damage Release
in settlement of an insurance claim filed in conjunction with September 16, 2011 EMAS
incursion at KWIA.
Item N9 Board granted approval and authorized execution of a Property Damage Release
in settlement of an insurance claim filed in conjunction with November 3, 2011 EMAS incursion
at KWIA.
Motion carried unanimously.
MISCELLANEOUS BULK APPROVALS
Item C21 The Board discussed a Memorandum of Agreement between Florida International
University and Monroe County whereby FIU will provide space for a functional /special needs
shelter in event of an evacuation; authority for County Administrator to execute same. Chief
James Callahan, Fire /Rescue discussed the matter. After discussion, motion was made by
Commissioner Carruthers and seconded by Commissioner Neugent granting approval and
authorizing execution of the item. Motion carried unanimously.
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Item C28 The Board discussed the staff of Solid Waste Management reducing the tipping
fees for disposal of illegal fishing gear that remains in the water illegally during the closed
session. Rosa Washington, Senior Administrator, Solid Waste Management discussed the item.
After discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
Murphy granting approval of the item. Motion carried unanimously.
Item C29 The Board discussed Amendment 3 to the Contract with Paradise Divers, Inc. for
the temporary ferry service to Pigeon Key to extend the term of the contract to expire on June 20,
2013, to revise the scope of services and to reduce the daily rate for base service. Judy Clarke,
P.E. Director of Engineering discussed the matter. After, discussion motion was made by
Commissioner Carruthers and seconded by Commissioner Murphy granting approval and
authorizing execution of the item. Motion carried unanimously.
Item C30 The Board discussed Amendment One to the Contract with Metric Engineering,
Inc. For Engineering Design and Permitting Services for the US1 Bayside Shared Use Path
Project to add engineering design and permitting for a pedestrian bridge over the Marvin Adams
Waterway. Judy Clarke, P.E. Director of Engineering discussed the matter. After discussion,
motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting
approval and authorizing execution of the item. Motion carried unanimously.
Item C31 The Board discussed a Resolution prohibiting the parking, standing or stopping of
vehicles along the south side of a potion of the County right of way of Second Avenue, Mandalay
Subdivision, Plat Book 1, Page 194, Key Largo. After discussion, motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to adopt the following
Resolution, with a verbal correction located in the 3rd Whereas to read a lease not a 21 foot
easement. Motion carried unanimously, as revised.
RESOLUTION NO. 171 - 2012
Said Resolution is incorporated herein by reference.
STAFF REPORTS
Item E3 Emergency Services - James Callahan, Fire/Rescue advised the Board of a fire on
Big Pine Key that occurred at 3:00 AM. The Chief discussed the Sugarloaf Volunteer Fire
Department's need for career fire fighters for the station. The Chief also provided the Board with
an update on the progress of the Stock Island Fire station's renovation project.
DIVISION OF GROWTH MANAGEMENT
Item I2 Patricia Smith, Transportation Planner - Planning & Environmental Resources
updated the Board on the progress of the Wayfinding Sign Program for US 1 and requested the
Mayor's signature on a letter to the Florida Department of Transportation (FDOT) asking for the
evaluation and removal of excessive regulatory signs on US 1 including "Center Lane Control
Signs ", "No Parking, Standing and Stopping Signs ", and "Intersection Warning Signs ". After
discussion, motion was made by Commissioner Carruthers and seconded by Commissioner
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Murphy authorizing the Mayor to send FDOT a letter asking for the evaluation and removal of
excessive regulatory signs on US 1 including "Center Lane Control Signs ", "No Parking,
Standing and Stopping Signs ", and "Intersection Warning Signs ". Motion carried unanimously.
MISCELLANEOUS
Mayor Rice recognized Robert Reyes, Monroe County's lobbyist with the firm
Floridian Partners, LLC. Mr. Reyes addressed the commission.
MISCELLANEOUS BULK APPROVALS
Item C13 The Board discussed for consideration of the recommendation of the Climate
Change Advisory Committee to evaluate and implement an in- county yard waste composting
program. Doug Gregory, Director of Extension Services discussed the matter. The Board
requested that a presentation be made at the July or August commissioner's meeting in order to
decide if an RFP should be issued.
COUNTY ADMINISTRATOR
Item M7 USCG Auxiliary Phil Goodman updated the Board on the upcoming Oil Spill
Safety Training for Volunteers in the Florida Keys. The one day training is being offered free of
charge by the USCG, USCG Auxiliary and Monroe County's Emergency Management at the
following locations:
June 23rd, 2012, 9:00 AM - Monroe County Emergency Operations Center, 2798
Overseas Hwy., Marathon.
July 21st, 2012, 9:00 AM - Murray Nelson Government and Cultural Center,
10250 Overseas Hwy., Key Largo.
August 18th, 2012, 9:00 AM - Harvey Government Center, 1200 Truman Ave.,
Key West.
Mayor David Rice disclosed he would abstain from the vote on the following item
as he currently serves as a member of the Board of Directors of the Guidance Care Center:
Item M9 The Board discussed Monroe County's portion of the statutory local match
requirement for Substance Abuse Mental Health services (FS 394.76) in the amount of $570,792
for FY 2013 for the DCF- contracted provider of these services, Guidance Care Center, revising
the previous amount of $312,527 presented at the May meeting. Roman Gastesi, County
Administrator; Tina Boan, Budget & Finance Director; and Lisa Tennyson, Grants Administrator
discussed the item. The following individuals addressed the Board: Frank Rabbito, Senior Vice
President of the Guidance Clinic; A. B. Malay, representing the Guidance Care Center; and
Sheriff Robert Peryam. After discussion, motion was made by Commissioner Murphy and
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seconded by Commissioner Carruthers approving the minimum amount of $570,792. Roll call
vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Murphy Yes
Commissioner Neugent No
Mayor Pro Tem Wigington Yes
Motion carried, Mayor Rice abstaining. The Board continued discussion on the item. Danny L.
Kolhage, County Clerk addressed the commission and suggested that the Guidance Clinic
provide the Board with a schematic financial package.
EMPLOYEE SERVICES
G1 Herman Koch, Manager of the Promotions Program - Blue Cross Blue Shield
discussed a partnership with the County regarding a worksite wellness program. Roman Gastesi,
County Administrator discussed the item and indicated that a health fair screening day is being
planned for Monroe County employees as well as an incentive to attend the health fair allowing
employees one day off in order in accordance with their supervisor.
DIVISION OF GROWTH MANAGEMENT
Item I1 Mayte Santamaria, Assistant Director - Planning and Environmental Resources
introduced John Abbott, Director of Environmental Sciences and Water Resources Planning
Division, of the firm Keith & Schnars who made a presentation of the United States Navy's
Atlantic Fleet Training and Testing Draft Environmental Impact Statement (DEIS) and the
proposed operational alternatives within the Key West Range Complex which may impact the
County. After discussion, motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers authorizing the Mayor to sign the County's comment letter on the
DEIS which will be drafted by Keith and Schnars, P.A., and Tyson Smith, Esq., AICP (outside
legal counsel for Monroe County). The following individual addressed the Board: Ron Cole.
Motion carried unanimously.
Item I3 Rich Jones, Senior Administrator - Marine Resources discussed the National
Marine Waste Foundation's (NMWF) anticipated budget and description of services for mobile
pumpout service in the Keys. Motion was made by Commissioner Neugent and seconded by
Commissioner Carruthers approving the written anticipated NMWF's budget provided to the
Board during today's meeting. Roll call vote was unanimous.
COMMISSIONERS' ITEMS
Item K3 Mayor Rice provided the Board an update to his item concerning the Customs
Project at the Marathon Airport Terminal Facility.
Item K4 The Board discussed Commissioner's Murphy's item concerning a Resolution for
2012/136
the waiver of building permit fees in the amount of approximately $13,125 to construct 7
affordable housing units for project known as Mandalay on RE: #00554720.000000 and
00554720.000100, Mandalay PB 1 -194, Key Largo PT Square 3, for Habitat for Humanity of the
Upper Keys (HHUK), requested by Director Jack Niedbalski. Christine Hurley, Growth
Management Director discussed the item. After discussion, motion was made by Commissioner
Murphy and seconded by Commissioner Carruthers to adopt the following Resolution. Motion
carried unanimously.
RESOLUTION NO. 171A - 2012
Said Resolution is incorporated herein by reference.
COUNTY ADMINISTRATOR
Item M1 Roman Gastesi, County Administrator congratulated Commissioner Murphy,
Danny L. Kolhage, County Clerk; and Commissioner Heather Carruthers on their appointments
to the county commission. Mr. Gastesi referred the Board to the written County Divisions'
Monthly Activity Report for May, 2012, dated June 5, 2012. Mr. Gastesi and the Board
discussed the unresolved legal and financial matters of Medicaid and FRS and the impact they
will have at the upcoming budget process. Danny Kolhage, County Clerk addressed the Board.
Item M8 The Board discussed a resolution by the Monroe County Board of County
Commissioners supporting Harry Bethel for a position on the Florida State Retirement
Commission. Roman Gastesi, County Administrator discussed the item. After discussion,
motion was made by Commissioner Carruthers and seconded by Commissioner Neugent to adopt
the resolution. Roll call vote was taken with the following results:
Commissioner Carruthers Yes
Commissioner Murphy No
Commissioner Neugent Yes
Commissioner Wigington No
Mayor Rice No
Motion failed. After further discussion, motion was made by Commissioner Murphy and
seconded by Commissioner Wigington that the Board set a policy to not entertain any
endorsement resolutions for appointments to any Boards that the BOCC has no control over.
During discussion, an amendment was made to the motion with the second accepting that
appointments be handled only by recommendations from indivudual county commissioners. Roll
call vote was taken with the following results:
Commissioner Carruthers No
Commissioner Murphy Yes
Commissioner Neugent No
Commissioner Wigington Yes
Mayor Rice No
2012/137
Motion failed. Staff was requested to bring back an item with appropriate wording for Board
consideration.
PUBLIC HEARINGS
Item 01 A Public Hearing was held to consider adoption of an Ordinance creating section
2 -25(e) of the Monroe County Code, stating that individuals and business entities with
outstanding code compliance fines will not be eligible to receive grants or contracts until the
fines are resolved. There was no public input. Motion was made by Commissioner Murphy and
seconded by Commissioner Wigington to adopt the following Ordinance. Motion carried
unanimously.
ORDINANCE NO. 014
Said Ordinance is incorporated herein by reference.
Item 02 The second of three Public Hearings was held to consider adoption of an
Ordinance extending the infrastructure sales tax beyond its current 31 December 2018 expiration
date, scheduling a referendum as required by statute, and establishing the uses for the revenue
stream created. (The final hearing is scheduled for 3:00 PM at the regular BOCC meeting in Key
West on 7/18/12.) Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering;
Suzanne Hutton, County Attorney; and Roman Gastesi, County Administrator discussed the
item. The following individual addressed the Board: Dona Merritt.
Item 03 A Public Hearing was held to consider adoption of a Resolution to amend
Resolution #127 -2012, the Planning & Environmental Resources Fee Schedule to: Clarify that
applicants for Administrative Appeal, who prevail after all appeals have been decided or where
the appeal period(s) has expired, shall have the Administrative Appeal application fee refunded,
stating that a full refund does not require approval by the BOCC unless the appellant prevails
only on a portion of the appeal and in those situations the BOCC shall determine the amount of
the refund; repealing any other fee schedules inconsistent herewith. There was no public input.
Motion was made by Commissioner Murphy and seconded by Commissioner Wigington to adopt
the following Resolution. Roll call vote was unanimous.
RESOLUTION NO. 172 - 2012
Said Resolution is incorporated herein by reference.
Item 04 A Public Hearing was held to consider adoption of an Ordinance amending
Monroe County Code Chapter 122 Floodplain Regulations, amending Section 122 -2 and Section
122 -3; and creating Section 122 -8, providing inclusion of criteria contained in the United States
Fish and Wildlife Service (USFWS) April 30, 2010 Biological Opinion for FEMA's
administration of the National Flood Insurance Program (NFIP), as amended December 14, 2010
in flood plain development permit determinations through the Permit Referral Process. Christine
Hurley, Growth Management Director; Michael Roberts, Senior Administrator - Planning and
Environmental Resources; and Bob Shillinger, Chief Assistant County Attorney discussed the
item. Public input was accepted with the following individuals addressing the Board: Dona
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Merritt, Donna Bosold, representing Ocean Reef Community Association; James T. Hendrick,
representing C.A.V.E.; Brenda Nestor, representing Windley Key One; Archer Miller, Jim
Sharpe, Jr., and Robert Smith. After discussion, motion was made by Commissioner Murphy
and seconded by Commissioner Carruthers to adopt the following Ordinance (Option 2)
including the new Key Deer Species Assessment Guide. Roll call was unanimous.
ORDINANCE NO. 015-2012
Said Ordinance is incorporated herein by reference.
The following individual addressed the Board: Maria Martinez.
WASTEWATER ISSUES
Item J3 The Board discussed a change to the Big Coppitt non -ad valorem wastewater
assessment for the property described by parcel number 00150500- 000000 from $882.00 to
$441.00 based on PC Code revision by Property Appraiser and designation of the County
Administrator or designee as local government representative authorized to sign form DR -409A.
After discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Carruthers to approve the item. Motion carried unanimously.
Item J2 The Board discussed for direction on how to achieve 100% compliance with
requirement to connect to central sewers when systems are available (e.g. Big Coppitt, Key
Largo, etc.). Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering. Staff was
directed to bring back to the Board alternatives on the item.
Item J1 The Board discussed advertising a public hearing for July 18, 2012 in Key West at
5:01 PM for the adoption of the Cudjoe Regional Centralized Service Area Final Assessment
Resolution (FAR). Kevin G. Wilson, P.E.- Division Director - Public Works & Engineering
discussed the item. Carole Stevens, representing the Lower Keys Chamber of Commerce; Bill
Hunter, representing the Sugarloaf Shores Property Owner's Association; and Dona Merritt.
After discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Carruthers to approve the advertising. Motion carried unanimously.
PUBLIC HEARINGS
Item P2 A Public Hearing was held to consider adoption of the Cudjoe Regional Inner
Island Wastewater Assessment Program Initial Assessment Resolution describing the method of
assessment for developed parcels in the centralized service boundaries. The following
individuals addressed the Board: Kevin Grubbs, General Manager - Venture Out at Cudjoe Key;
Dick Hawkins, representing the Lower Keys Property Owners Association. Motion was made by
Commissioner Murphy and seconded by Commissioner Carruthers to approve the Cudjoe
Regional Inner Island Wastewater Assessment Program Initial Assessment Resolution for
collection starting in 2012 in the amount of $5,700. Roll call vote was unanimous.
RESOLUTION NO. 173 -2012
2012/139
Said Resolution is incorporated herein by reference.
Item P3 A Public Hearing was held to consider adoption of the Cudjoe Regional Inner and
Outer Islands Wastewater Assessment Program Initial Assessment Resolution describing the
method of assessment for developed parcels in the centralized service boundaries. Kevin G.
Wilson, P.E.- Division Director - Public Works & Engineering discussed the item. The Board
accepted public input with the following individual addressing the Board: Dona Merritt. After
discussion, motion was made by Commissioner Murphy and seconded by Commissioner
Neugent that the following be included in the resolution: all references for Inner Islands be
removed. The assessment will be for $5700 and that it will specify that the collection will
commence in 2013. Notices will go out indicating that the assessment is being set at $5700 but
that amount may be reduced at the July 18, 2012 Public Hearing in Key West. Roll call vote was
unanimous.
RESOLUTION NO. 174 - 2012
Said Resolution is incorporated herein by reference.
Item P1 A Public Hearing was held to consider adoption of an Ordinance to amend
Section 130 -121 of the Monroe County Code revising the regulations pertaining to military
airports by removing the "1977" AICUZ map and matrix, which are provided as figures, and
those regulations associated with the "1977" AICUZ map. There was no public input. After
discussion, motion was made by Commissioner Wigington and seconded by Commissioner
Murphy to adopt the following Ordinance. Motion carried unanimously.
C OUNTY ADMINISTRATOR
Item M4 The Board discussed the basis for allocation of future Mayfield grant distributions
and direction from the BOCC for discussions with the municipalities and special districts to
determine what those allocations should be. Roman Gastesi, County Administrator discussed the
item. No official action was taken.
COUNTY ATTORNEY
Item N2 Suzanne Hutton, County Attorney requested that a closed executive session of the
Board of County Commissioners be scheduled in the matter of Monroe County Board of County
Commissioners vs. Gonzalez Architects, et al., Case No. 08 -CA -458 -K at the July 18, 2012
meeting in Key West. Motion was made by Commissioner Murphy and seconded by
Commissioner Carruthers to schedule the session on July 18, 2012 in Key West at 1:30 PM.
Motion carried unanimously.
Item N6 The Board discussed for direction to Staff the representation of the County by
outside counsel in potential claims arising from the Deepwater Horizon Oil Spill. The following
individual addressed the Board: Attorney Robert J. McKee, representing the firms Krupnick
Campbell and Horan Wallace & Higgins. Bob Shillinger, Chief Assistant County Attorney
discussed the item. The Board authorized the County Attorney's Office to enter into a contract
2012/139a
ORDINANCE NO. 016 —
Said Ordinance is incorporated herein by reference.
2012/140
subject to changes to guarantee the County has no risk what so ever from having to front any
costs in the beginning, middle or end of the litigation.
MISCELLANEOUS
Suzanne Hutton, County Attorney introduced University of Florida law student,
Peter Baty, who is interning in the Office of the County Attorney.
There being no further business,the meeting of the Board of County
Commissioners was adjourned.
Danny L. Kolhage, Clerk
and ex-officio Clerk to the
Board of County Commissioners
Monroe County, Florida
c. ,
Isabel C. DeSantis, Deputy Clerk